First Amendment right of a free press should not be absolute when it comes to national security?

torkd

Member
Oct 9, 1999
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http://www.breitbart.com/news/2006/06/25/D8IFB4VO1.html

The chairman of the House Homeland Security Committee urged the Bush administration on Sunday to seek criminal charges against newspapers that reported on a secret financial-monitoring program used to trace terrorists.

Rep. Peter King cited The New York Times in particular for publishing a story last week that the Treasury Department was working with the CIA to examine messages within a massive international database of money-transfer records.

King, R-N.Y., said he would write Attorney General Alberto Gonzales urging that the nation's chief law enforcer "begin an investigation and prosecution of The New York Times _ the reporters, the editors and the publisher."

"We're at war, and for the Times to release information about secret operations and methods is treasonous," King told The Associated Press.

A message left Sunday with Times spokeswoman Catherine Mathis was not immediately returned.

King's action was not endorsed by the chairman of the Senate Judiciary Committee, GOP Sen. Arlen Specter of Pennsylvania.

"On the basis of the newspaper article, I think it's premature to call for a prosecution of the New York Times, just like I think it's premature to say that the administration is entirely correct," Specter told "Fox News Sunday."

Stories about the money-monitoring program also appeared last week in The Wall Street Journal and Los Angeles Times. King said he thought investigators should examine those publications, but that the greater focus should be on The New York Times because the paper in December also disclosed a secret domestic wiretapping program.

He charged that the paper was "more concerned about a left-wing elitist agenda than it is about the security of the American people."

When the paper chose to publish the story, it quoted the executive editor, Bill Keller, as saying editors had listened closely to the government's arguments for withholding the information, but "remain convinced that the administration's extraordinary access to this vast repository of international financial data, however carefully targeted use of it may be, is a matter of public interest."

After the attacks of Sept. 11, 2001, Treasury officials obtained access to a vast database called Swift _ the Society for Worldwide Interbank Financial Telecommunication. The Belgium-based database handles financial message traffic from thousands of financial institutions in more than 200 countries.

Democrats and civil libertarians are questioning whether the program violated privacy rights.

The service, which routes more than 11 million messages each day, mostly captures information on wire transfers and other methods of moving money in and out of the United States, but it does not execute those transfers.

The service generally does not detect private, individual transactions in the United States, such as withdrawals from an ATM or bank deposits. It is aimed mostly at international transfers.

Gonzales said last month that he believes journalists can be prosecuted for publishing classified information, citing an obligation to national security. He also said the government would not hesitate to track telephone calls made by reporters as part of a criminal leak investigation, but officials would not do so routinely and randomly.

In recent months, journalists have been called into court to testify as part of investigations into leaks, including the unauthorized disclosure of a CIA operative's name.

He said the First Amendment right of a free press should not be absolute when it comes to national security.



What next? A regular joe schmoe can't say anything you want when it comes to national security?
 

1prophet

Diamond Member
Aug 17, 2005
5,313
534
126
Maybe his first ammendment is different than this one after all they have different standards when the police come to search their offices as opposed to the common citizen.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
 

Aisengard

Golden Member
Feb 25, 2005
1,558
0
76
What about if the government is doing something illegal? Do they have the right to 'classify' that information?

Before you sell your soul to the government, remember that they can do things to you, the NYTimes cannot.
 

FrancesBeansRevenge

Platinum Member
Jun 6, 2001
2,181
0
0
An absolute free press is the great equalizer between government and the people.

?Men in authority will always think that criticism of their policies is dangerous. They will always equate their policies with patriotism, and find criticism subversive.?
Henry Steele Commager

Calling for restrictions on speech is more treasonous an act, IMHO, than he is accusing the NYT of.
 

fallensight

Senior member
Apr 12, 2006
462
0
0
Free speach and press need to be absolute. When you start putting limits on it, you start down a slippery slope. Otherwise you end up in a place where they 'classify' anything they dont want the public knowing, including criminal actions.

This isnt giving troop movements or battle plans to the enemy army. This is NOT a war. The 'war on terror' is a law enforement battle. A war is against a country, not some guys running around with guns/bombs/whatever.

There is no perfect security in a free scociety. If you want a totally 'safe' nation, yo end up with a dictatorship with secret police. Freedoms and rights are more important than security. "He who would trade liberty for temporary security, deserve neither liberty nor security" - Ben Franklin
 

Moonbeam

Elite Member
Nov 24, 1999
72,708
6,198
126
All evil is done by good men who are so sure they are good and also that they are so much smarter than others that they have permission to break the law for the good. Bush is a tremendous evil because he thinks he's good, perhaps even the will of God.

Like a dead fish, we rot first at the head.
 

her209

No Lifer
Oct 11, 2000
56,352
11
0
Originally posted by: Aisengard
What about if the government is doing something illegal? Do they have the right to 'classify' that information?
Oh you mean like the secret torture camps?
 

palehorse

Lifer
Dec 21, 2005
11,521
0
76
While I truly despise the NYT for their seemingly gleeful exposure of our country's various weaknesses, in terms of national security, I believe that the real problem here was the fact that such information was leaked. That seems to me to be an operational security problem which needs to be fixed ASAP. The NYT should have never heard of the database tapping to begin with!

So I personaqlly choose to condemn both the NYT and those who leaked the program details in the first place. The NYT wouldnt be a problem if those with access to classified info would just keep their fvcking traps shut.

so be it though.. i'm quite used to seeing and hearing of the NYT&friends blatantly underminding our Nation's security.. no surprise there. Unfortunately, I'm also used to hearing about security leaks as well. This just goes to show that there are idiots on every side of the issue...
 

TraumaRN

Diamond Member
Jun 5, 2005
6,893
63
91
All I have to say is this kind of talk bothers me. It bothers me more that some people and Repubs would think this is fine to attempt to prosecute the NYT...I understand politics and all but this is just a load of crap. Freedom of the press means just that freedom of the press.

What I hope is that the american people can realize what a danger these people are(on both sides of the political aisle) and vote them out of office, or at the least create an outrage that makes the govt think twice and realize the constitution is not something to wipe your a$$ with.
 

Aisengard

Golden Member
Feb 25, 2005
1,558
0
76
Originally posted by: palehorse74
While I truly despise the NYT for their seemingly gleeful exposure of our country's various weaknesses, in terms of national security, I believe that the real problem here was the fact that such information was leaked. That seems to me to be an operational security problem which needs to be fixed ASAP. The NYT should have never heard of the database tapping to begin with!

So I personaqlly choose to condemn both the NYT and those who leaked the program details in the first place. The NYT wouldnt be a problem if those with access to classified info would just keep their fvcking traps shut.

so be it though.. i'm quite used to seeing and hearing of the NYT&friends blatantly underminding our Nation's security.. no surprise there. Unfortunately, I'm also used to hearing about security leaks as well. This just goes to show that there are idiots on every side of the issue...

Can you give us concrete evidence of an attack that resulted from anything the NYT reported?

All evil is done by good men who are so sure they are good and also that they are so much smarter than others that they have permission to break the law for the good. Bush is a tremendous evil because he thinks he's good, perhaps even the will of God.

I have yet to see someone who does "evil" things simply for the sake of being "evil". That's cartoon stuff.
 

wirelessenabled

Platinum Member
Feb 5, 2001
2,190
41
91
Originally posted by: palehorse74
While I truly despise the NYT for their seemingly gleeful exposure of our country's various weaknesses, in terms of national security, I believe that the real problem here was the fact that such information was leaked. That seems to me to be an operational security problem which needs to be fixed ASAP. The NYT should have never heard of the database tapping to begin with!

So I personaqlly choose to condemn both the NYT and those who leaked the program details in the first place. The NYT wouldnt be a problem if those with access to classified info would just keep their fvcking traps shut.

so be it though.. i'm quite used to seeing and hearing of the NYT&friends blatantly underminding our Nation's security.. no surprise there. Unfortunately, I'm also used to hearing about security leaks as well. This just goes to show that there are idiots on every side of the issue...



So maybe Pravda or Isvestia would be more suited to the US here and now?

That spin of information din't work for the Sov's and likely won't work for us.
 

thraashman

Lifer
Apr 10, 2000
11,084
1,505
126
Originally posted by: palehorse74
While I truly despise the NYT for their seemingly gleeful exposure of our country's various weaknesses, in terms of national security, I believe that the real problem here was the fact that such information was leaked. That seems to me to be an operational security problem which needs to be fixed ASAP. The NYT should have never heard of the database tapping to begin with!

So I personaqlly choose to condemn both the NYT and those who leaked the program details in the first place. The NYT wouldnt be a problem if those with access to classified info would just keep their fvcking traps shut.

so be it though.. i'm quite used to seeing and hearing of the NYT&friends blatantly underminding our Nation's security.. no surprise there. Unfortunately, I'm also used to hearing about security leaks as well. This just goes to show that there are idiots on every side of the issue...

See the problem is I couldn't be more happy with the NYT for publishing this. When the government decides to blatantly violate the constitution, I'm glad someone has the guts to call them on it. I hate that Republicans now more and more think it's a good idea to dive bomb this country towards becoming a Stalinesque regime in the name of "national security". The actions of the government are making this country less secure, the actions of the NYT are making this country wake up!
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
Maybe if Congress was doing its job of imposing checks and balances on the administration, the NY Times wouldn't have to.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
Originally posted by: palehorse74
While I truly despise the NYT for their seemingly gleeful exposure of our country's various weaknesses, in terms of national security, I believe that the real problem here was the fact that such information was leaked. That seems to me to be an operational security problem which needs to be fixed ASAP. The NYT should have never heard of the database tapping to begin with!

So I personaqlly choose to condemn both the NYT and those who leaked the program details in the first place. The NYT wouldnt be a problem if those with access to classified info would just keep their fvcking traps shut.

so be it though.. i'm quite used to seeing and hearing of the NYT&friends blatantly underminding our Nation's security.. no surprise there. Unfortunately, I'm also used to hearing about security leaks as well. This just goes to show that there are idiots on every side of the issue...

Or maybe the government shouldn't be doing something to blatantly unethical and/or illegal that they wouldn't have to worry about leaks.
 

fitzov

Platinum Member
Jan 3, 2004
2,477
0
0
It never was "absolute". That would mean that everyone has a God-given right to say anything at anytime, no matter what. The amendment only says "Congress shall make no law...abridging the freedom of speech..." If you look at the history of the amendment, you'll see that what is at issue is the ability to express one's sentiments about the government, not engage in libel or other criminal behavior.

Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequences of his own temerity. --Blackstone

The rising question is whether disclosing information that prevents the execution of justice is legal. The answer would seem to be 'no'. Then a judge would decide whether NY Times disclosed such information.
 

HBalzer

Golden Member
Jul 17, 2005
1,259
1
0
Let?s think about this at a more personal level. Say you ratted out the biggest mafia crime boss in history and are put into a witness protection program. Well the NY times finds out who and where you are and post it front page.

Would you hold the NY times accountable then?

You would hope that they would have some ethics and not post something that would knowingly harm anyone; sadly ethics seems to take second place to money these days.
 

LegendKiller

Lifer
Mar 5, 2001
18,256
68
86
Originally posted by: fitzov
The rising question is whether disclosing information that prevents the execution of justice is legal. The answer would seem to be 'no'. Then a judge would decide whether NY Times disclosed such information.

I have a problem with that interpretation, because it could easily be misconstrued to mean that the ends justify the means in all cases. This could very well create a police state, were all speach against the government, or any exposure of law enforcement activities, whether domestic wire tapping or anything else, could be seen as lawful if it is in persuit of justice.

I personally do not care if they spy on everybody else on the planet using uber-computers. However, the second they start to track US citizens, then I consider that an injustice to the Constitution and should definitely be leaked if found to be true.

 

halik

Lifer
Oct 10, 2000
25,696
1
0
This kind of talk has the familiar aftertaste of the things I've seen during my youth. Rather than terrorism or national security, the excuse in my homeland was called "impairment of the common interest".

 

FrancesBeansRevenge

Platinum Member
Jun 6, 2001
2,181
0
0
Originally posted by: halik
This kind of talk has the familiar aftertaste of the things I've seen during my youth. Rather than terrorism or national security, the excuse in my homeland was called "impairment of the common interest".
You will watch your rights erode and with it the notion of checks and ballances.

Indeed.
Take it from this voice of experience... it's a road we must not allow our nation to go down.
 

Future Shock

Senior member
Aug 28, 2005
968
0
0
Originally posted by: HBalzer
Let?s think about this at a more personal level. Say you ratted out the biggest mafia crime boss in history and are put into a witness protection program. Well the NY times finds out who and where you are and post it front page.

Would you hold the NY times accountable then?

You would hope that they would have some ethics and not post something that would knowingly harm anyone; sadly ethics seems to take second place to money these days.

In terms of personal harm, the NYT and other responsible papers DO NOT report personally damaging or threatening details - they leave that for the Enquirer. Remember the hubub about Kobe Bryant's alleged rape, and how everyone wanted to know the victim's name? The responsible papers did not release it, nor do they ever for rape victims. Same goes for witness protection programs...and their may even be a federal statute around the release and publication of those names, given the amount the government has to invest in them.

FS
 

HBalzer

Golden Member
Jul 17, 2005
1,259
1
0
Originally posted by: Future Shock
Originally posted by: HBalzer
Let?s think about this at a more personal level. Say you ratted out the biggest mafia crime boss in history and are put into a witness protection program. Well the NY times finds out who and where you are and post it front page.

Would you hold the NY times accountable then?

You would hope that they would have some ethics and not post something that would knowingly harm anyone; sadly ethics seems to take second place to money these days.

In terms of personal harm, the NYT and other responsible papers DO NOT report personally damaging or threatening details - they leave that for the Enquirer. Remember the hubub about Kobe Bryant's alleged rape, and how everyone wanted to know the victim's name? The responsible papers did not release it, nor do they ever for rape victims. Same goes for witness protection programs...and their may even be a federal statute around the release and publication of those names, given the amount the government has to invest in them.

FS

It was hypothetical, in hopes to remove some of the bias between Dem. and Rep.

From reports I?ve seen this seems pretty legitimate. They got approval from congress case by case and it was known about and approved by both parties.

Should the government punish the NY times? No

Should we the people? Yes, I believe following and tracking terrorist money was a very valuable tool against terrorism. By reporting the story they damaged a valuable tool putting our lives at risk.

Should the person who leaked this be punished by the government? Yes.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,052
30
86
To: Pete.King@mail.house.gov
Subject: You Want To Prosecute The N.Y. Times?

Congressman King:

I object in the strongest possible terms to your call to seek criminal charges against newspapers that reported a secret financial monitoring program used to trace terrorists.

http://www.chron.com/disp/story.mpl/ap/politics/4001301.html

Maybe whatever country you live in has a different Constitution than the U.S. The First Amendment to the U.S. Constitution states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Your public pronouncements suggest your reading comprehension abilities are severely impared, so I'll simplify it for you:

CONGRESS SHALL MAKE NO LAW... ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGH OF THE PEOPLE... TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

A major operating premise of the Bush administration has been, "Praise the lord, and shred the Constitution." Your move clearly establishes your as one of their jack booted thugs.

YOUR version of the Constitution is obviously not the same as the one signed by the founders of our nation. Whatever it says, please don't forget to flush after wiping with it.

Harvey Rubens
 
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